Indiana Code
Title 29. Probate

29-1-7-4.5. Notice of Delivery to Consenting Parties or to Parties Waiving Notice of Proceedings in the Estate - Sec. 4.5. (a) Except as provided in subsection (b) and...

29-1-7-5. Petition for Probate; Letters Testamentary; Administrator With Will Annexed; Appointment of Administrator - Sec. 5. A petition for the probate of a will...

29-1-7-6. Notice of Hearing; Request; Provision of Relevant Materials by Personal Representative - Sec. 6. (a) At any time after the issuance of...

29-1-7-7. Notice of Administration - Sec. 7. (a) As soon as letters testamentary or of...

29-1-7-7.5. Personal Representative; Reasonable Diligence to Discover Creditors of Decedent; Affidavit; Presumption of Reasonable Diligence - Sec. 7.5. (a) A personal representative shall exercise reasonable diligence...

29-1-7-8. Death in Doubt; Search for Alleged Decedent - Sec. 8. Whenever there is any doubt that the person...

29-1-7-9. Admission to Probate; Proof of Will - Sec. 9. Before a written will shall be admitted to...

29-1-7-10. Absence of Competent Witnesses; Handwriting; Proof - Sec. 10. If none of the subscribing witnesses to a...

29-1-7-11. Repealed - Formerly: Acts 1953, c.112, s.711. Repealed by Acts 1975, P.L.288,...

29-1-7-12. Nuncupative Wills; Proof - Sec. 12. Proof of nuncupative wills is subject to the...

29-1-7-13. Admission to Probate; Petitions; Self-Proved Wills; Signature Requirement Presumptions - Sec. 13. (a) When a will is offered for probate,...

29-1-7-14. Certificate of Probate; Evidence - Sec. 14. When proved as herein provided, every written will,...

29-1-7-15. Repealed - Formerly: Acts 1953, c.112, s.715. As amended by Acts 1971,...

29-1-7-15.1. Determination of Intestacy; Presentation of Will for Probate; Time Limits; Sale of Property - Sec. 15.1. (a) When it has been determined that a...

29-1-7-15.2. Sale of Real Property; Permitted Use of Proceeds - Sec. 15.2. (a) This section applies to real property subject...

29-1-7-16. Objections to Probate - Sec. 16. Prior to the admission of a will to...

29-1-7-17. Contest of Wills; Requisites; Grounds - Sec. 17. Any interested person may contest the validity of...

29-1-7-17.5. Contest of Two or More Wills - Sec. 17.5. (a) The court, in its discretion and upon...

29-1-7-18. Contest of Wills; Notice and Service Requirements - Sec. 18. (a) When an action is brought to contest...

29-1-7-19. Contest of Wills; Bond of Plaintiff - Sec. 19. At the time of filing a verified complaint...

29-1-7-20. Contest of Wills; Burden of Proof - Sec. 20. In a suit: (1) objecting to the probate...

29-1-7-21. Contest of Wills; Burden of Proof - Sec. 21. If such determination be against the validity of...

29-1-7-22. Revocation of Probate - Sec. 22. Whenever the probate of any will shall be...

29-1-7-23. Real and Personal Property; Devolution; Prima Facie Evidence - Sec. 23. (a) When a person dies, the person's real...

29-1-7-24. Probate of Will; Necessity to Prove Title to Property - Sec. 24. Except as provided in IC 29-1-13-2, no will...

29-1-7-25. Foreign Wills; Receipt and Recording Authorized - Sec. 25. (a) Any will that has been proved or...

29-1-7-26. Foreign Wills; Certification - Sec. 26. Such will shall be duly certified under the...

29-1-7-27. Foreign Wills; Filing and Recording - Sec. 27. Such will or copy, and the probate thereof,...

29-1-7-28. Executed in Indiana; Allowed in Foreign State or Country - Sec. 28. No will executed in this state and proved...

29-1-7-29. Foreign Wills; Contest - Sec. 29. In all cases of foreign wills and testaments...

Chapter 7.5. Unsupervised Administration and Claims Against Personal Representatives and Distributees

29-1-7.5-0.1. Application of Certain Amendments to Chapter - Sec. 0.1. The following amendments to this chapter apply as...

29-1-7.5-1. Persons Entitled to Petition; Notice to Creditors - Sec. 1. (a) Upon the filing of a petition under...

29-1-7.5-1.5. Notice to Distributees - Sec. 1.5. (a) As soon as letters testamentary or letters...

29-1-7.5-2. Conditions to Grant of Petition; Collateral Attack; Revocation - Sec. 2. (a) The court may grant a petition for...

29-1-7.5-2.5. Personal Representative's Bond - Sec. 2.5. (a) Except as provided in subsection (c), a...

29-1-7.5-3. Powers of Personal Representative to Act Without Order of Court - Sec. 3. (a) Subject to section 2(d) of this chapter,...

29-1-7.5-3.2. Inventories - Sec. 3.2. (a) Not more than two (2) months after...

29-1-7.5-3.4. Distribution of Real Property - Sec. 3.4. (a) This section applies to the distribution of...

29-1-7.5-3.6. Conveyance of Real Property - Sec. 3.6. (a) This section applies to a conveyance of...

29-1-7.5-3.8. Prompt Closing of Estates - Sec. 3.8. (a) A personal representative shall close an estate...

29-1-7.5-4. Closing Estate; Procedures; Termination of Appointment of Personal Representative - Sec. 4. (a) Unless prohibited by order of the court...

29-1-7.5-4.5. Uncontested Closing Statements; Audits and Inquiries - Sec. 4.5. If, after three (3) months following the date...

29-1-7.5-5. Undischarged Claims; Actions Against Distributees; Contribution - Sec. 5. After assets of an estate have been distributed,...

29-1-7.5-6. Claims Against Personal Representatives; Limitation - Sec. 6. Unless previously barred by adjudication and except as...

29-1-7.5-7. Claims Against Distributees; Limitation - Sec. 7. Unless otherwise barred, the claim of any claimant,...

29-1-7.5-8. Subsequently Discovered Estate; Appointment of Personal Representative - Sec. 8. If other property of the estate is discovered...

Chapter 8. Dispensing With Administration

29-1-8-0.1. Application of Certain Amendments to Chapter - Sec. 0.1. The following amendments to this chapter apply as...

29-1-8-1. Small Estates; Payment Upon Presentation of Affidavit; Vehicle or Watercraft; Securities; Insurance Death Benefit; Safe Deposit Box; Digital Asset - Sec. 1. (a) Forty-five (45) days after the death of...

29-1-8-1.5. Affidavit to Obtain Date of Death Values for Personal Property, Accounts, and Intangible Property Belonging to a Decedent; Form of Affidavit; Duty to Furnish Information to the Affiant - Sec. 1.5. (a) This section does not apply to the...

29-1-8-2. Personal Property; Payments; Delivery; Transfer; Release - Sec. 2. The person paying, delivering, transferring, or issuing personal...

29-1-8-3. Disbursement and Distribution of Estate - Sec. 3. (a) As used in this section, "fiduciary" means:...

29-1-8-4. Closing of Estate; Statement - Sec. 4. (a) As used in this section, "fiduciary" means:...

29-1-8-4.5. Affidavit of Entitlement to Property; Enforcement Action; Remedies - Sec. 4.5. (a) A distributee entitled to payment or delivery...

29-1-8-5. Repealed - Formerly: Acts 1953, c.112, s.805. Repealed by Acts 1975, P.L.288,...

29-1-8-6. Repealed - Formerly: Acts 1953, c.112, s.806. Repealed by Acts 1975, P.L.288,...

29-1-8-7. Repealed - Formerly: Acts 1953, c.112, s.807. Repealed by Acts 1975, P.L.288,...

29-1-8-8. Payment of Claims; Accounting; Closing Administration - Sec. 8. Whenever, after the inventory has been filed by...

29-1-8-9. Prepaid Funeral Expenses; Last Illness Expense - Sec. 9. This article shall not be construed to prevent...

29-1-8-10. Nonprobate Transfer by a Transferee That Is a Testamentary Trust Established in a Will; Application - Sec. 10. (a) This section applies only to a nonprobate...

29-1-8-11. Administration of Lease Tenant's Property - Sec. 11. (a) A tenant's representative who accepts appointment under...

Chapter 9. Adjudicated Compromise of Controversies

29-1-9-0.1. Application of Certain Amendments to Chapter - Sec. 0.1. The amendments made to section 2 of this...

29-1-9-1. Persons Represented; Creditors; Taxing Authorities - Sec. 1. The compromise of any contest or controversy as...

29-1-9-2. Terms of Agreement; Execution; Guardian Ad Litem - Sec. 2. (a) The terms of the compromise shall be...

29-1-9-3. Notice; Order Approving Agreement - Sec. 3. Upon due notice, in the manner directed by...

Chapter 10. Personal Representatives

29-1-10-0.1. Application of Certain Amendments to Chapter - Sec. 0.1. The amendments made to section 1 of this...

29-1-10-1. Letters Testamentary; Letters of General Administration; Persons to Whom Granted; Order; Qualifications - Sec. 1. (a) Domiciliary letters testamentary or domiciliary letters of...

29-1-10-2. Letters; Renouncing Right - Sec. 2. Any person entitled to letters testamentary or to...

29-1-10-3. Letters; Issuance; Conditions - Sec. 3. Letters testamentary, of administration, of administration with the...

29-1-10-4. Letters; Evidence of Authority - Sec. 4. Letters issued to a personal representative, attested by...

29-1-10-5. Actions or Proceedings; Evidence of Authority - Sec. 5. In any action or proceeding brought by the...

29-1-10-6. Removal of Personal Representatives for Reasons Other Than a Change in Control of a Corporate Fiduciary - Sec. 6. (a) This section does not apply to the...

29-1-10-6.5. Removal of Personal Representative Following a Change in Control of a Corporate Fiduciary - Sec. 6.5. (a) This section does not apply to the...

29-1-10-7. Successor Representatives; Appointment - Sec. 7. When a personal representative dies, is removed by...

29-1-10-8. Successor Representatives; Rights and Powers - Sec. 8. When a successor personal representative or an administrator...

29-1-10-9. Joint Representatives; Powers; Survivor - Sec. 9. Every power exercisable by joint personal representative may...

29-1-10-10. Joint Representatives; Powers - Sec. 10. Where there are two (2) or more personal...

29-1-10-11. Joint Representatives; Powers; Voting Shares of Stock - Sec. 11. (a) Where powers possessed by two (2) or...

29-1-10-12. Voting Corporate Shares - Sec. 12. The personal representative may vote shares of corporate...

29-1-10-12.5. Protection of Persons Dealing in Good Faith - Sec. 12.5. A person who in good faith either assists...

29-1-10-13. Compensation; Attorney's Services - Sec. 13. If a testator by will makes provision for...

29-1-10-14. Actions on Probate; Expenses and Attorney's Fees - Sec. 14. (a) As used in this section, "devisee" shall...

29-1-10-15. Special Administrator; Appointment; Appeal of Order - Sec. 15. (a) A special administrator may be appointed by...

29-1-10-15.5. Wrongful Death; Special Administrator; Appointment; Objection - Sec. 15.5. (a) Upon the filing of a petition for...

29-1-10-16. Pending Will Contest; Administration of Estate - Sec. 16. Prior to the adjudication of a pending will...

29-1-10-17. Damages for Wrongful Death - Sec. 17. An administrator collecting damages for personal injury resulting...

29-1-10-18. Wrongful Death; Nonresident; Appointment of Administrator - Sec. 18. Any court having probate jurisdiction in the state...

29-1-10-19. Termination of Authority; Validity of Prior Acts - Sec. 19. All acts of personal representatives whose authority shall...

29-1-10-20. Duties of an Estate Lawyer - Sec. 20. (a) As used in this section, "estate lawyer"...

29-1-10-21. Authority of Personal Representatives; Circumstances in Which a Court Order May Allow an Action That the Personal Representative Is Prohibited From Taking - Sec. 21. (a) All authority to act with respect to...

Chapter 11. Bond of Personal Representative

29-1-11-1. Conditions Requiring Execution and Filing - Sec. 1. A personal representative is not required to execute...

29-1-11-2. Deposit of Money or Assets; Withdrawal - Sec. 2. It shall be lawful for the personal representative...

29-1-11-3. Run to State; Joint and Several Liability; Conflict of Laws - Sec. 3. The bond of the personal representative shall run...

29-1-11-4. Joint Representatives; Personal Representative as Surety - Sec. 4. When two (2) or more persons are appointed...

29-1-11-5. Affidavit of Surety; Value of Property - Sec. 5. Each personal surety shall execute and file with...

29-1-11-6. Sufficiency; Value of Assets; Evidence of Title - Sec. 6. No bond of a personal representative shall be...

29-1-11-7. Failure to Give Bond; Successor; Revocation of Letters - Sec. 7. If at any time a personal representative fails...

29-1-11-8. Repealed - Formerly: Acts 1953, c.112, s.1108. Repealed by Acts 1975, P.L.288,...

29-1-11-9. New Bond; Release of Surety; Accounting - Sec. 9. (a) Any surety upon any bond of any...

29-1-11-10. Breach of Obligation; Damages; Intervention - Sec. 10. (a) The court may, on breach of the...

29-1-11-11. Validity; Bound to Full Extent; Action on Defective Bond - Sec. 11. No surety bond entered into under the provisions...

Chapter 12. Inventory

29-1-12-1. Classification of Properties; Appraisers; Copies of Inventories to Interested Persons - Sec. 1. (a) Within two (2) months after the appointment...

29-1-12-2. Repealed - Formerly: Acts 1953, c.112, s.1202. As amended by Acts 1973,...

29-1-12-3. Distant Places or Types of Property; Separate Inventory and Appraisement - Sec. 3. When such estate is situated in places distant...

29-1-12-4. Repealed - Formerly: Acts 1953, c.112, s.1204. Repealed by Acts 1975, P.L.288,...

29-1-12-5. Right of Action Against Executor; Insolvent Personal Representative - Sec. 5. The naming of any person as executor in...

29-1-12-6. Evidence - Sec. 6. Inventories and appraisements may be given in evidence...

Chapter 13. Collection and Management of Assets

29-1-13-1. Possession of Property; Duties of Personal Representative - Sec. 1. Every personal representative shall have a right to...

29-1-13-1.1. Right of Personal Representative to Access Decedent's Electronic Communications and Other Digital Assets - Sec. 1.1. IC 32-39-2-4 and IC 32-39-2-5 apply to the...

29-1-13-1.5. Access to Safe Deposit Box; Duties of Financial Institutions - Sec. 1.5. (a) Upon the death of an individual, a...

29-1-13-2. Preserving Estate; Action to Prevent Loss - Sec. 2. No executor named in the will shall interfere...

29-1-13-3. Actions; Trespass; Waste; Costs; Examine Party - Sec. 3. Every personal representative shall have full power to...

29-1-13-4. Fraudulent Conveyances; Recovery - Sec. 4. The real and personal property liable for the...

29-1-13-5. Compromise; Debtor or Obligor - Sec. 5. When it appears for the best interest of...

29-1-13-6. Real Estate Interest as Personal Assets; Proceeds From Sale of Real Estate - Sec. 6. (a) Unless foreclosure shall have been completed and...

29-1-13-7. Mortgages; Release and Discharge - Sec. 7. When, in any case, a mortgage to the...

29-1-13-8. Valueless Property; Abandonment - Sec. 8. When any property is valueless, or is so...

29-1-13-9. Embezzlement; Conversion - Sec. 9. If a person embezzles or converts to the...

29-1-13-10. Petitions; Concealment; Embezzlement; Conversion; Adverse Interest; Attachment - Sec. 10. (a) Upon the filing of a petition by...

29-1-13-11. Business of Decedent; Continuing - Sec. 11. Upon a showing of advantage to the estate,...

29-1-13-12. Conveyance or Lease After Death of Decedent - Sec. 12. (a) When any person legally bound to make...

29-1-13-13. Contracts; Performance by Personal Representative - Sec. 13. If at the time of death the decedent...

29-1-13-14. Investment of Funds - Sec. 14. Subject to his primary duty to preserve the...

29-1-13-15. Deposit of Funds - Sec. 15. Whenever it is consistent with a proper administration...

29-1-13-16. Collection of Indebtedness; Secure Possession of Property; Special Administrator Appointed - Sec. 16. Whenever any interested person files with the court...

29-1-13-17. Action to Enforce a Written Demand or Instruction From a Personal Representative - Sec. 17. (a) If a person fails to comply with...

Chapter 14. Claims Against the Estate

29-1-14-0.1. Application of Certain Amendments to Chapter - Sec. 0.1. The following amendments to this chapter apply as...

29-1-14-1. Limitations; Filing; Claims Barred or Not; Liens; Tort Claims - Sec. 1. (a) Except as provided in IC 29-1-7-7, all...

29-1-14-2. Actions; Definite Statement; Personal Representative Actions; Deductions From Claims - Sec. 2. No action shall be brought by complaint and...

29-1-14-3. Future Claims; Payment; Bonds - Sec. 3. Upon proof of a claim which will become...

29-1-14-4. Actions; Joint Contracts and Judgment - Sec. 4. No action shall be brought by complaint and...

29-1-14-5. Joint Contracts and Judgments Deemed Joint and Several - Sec. 5. Every contract executed jointly by the decedent with...

29-1-14-6. Secured Claims, Allowance, and Payment - Sec. 6. The allowance and payment of secured claims shall...

29-1-14-7. Contingent Claims; Payment; Bond of Distributee - Sec. 7. Contingent claims which cannot be allowed as absolute...

29-1-14-8. Contingent Claims; Liability of Distributees; Contribution - Sec. 8. If a contingent claim shall have been filed...

29-1-14-9. Classification of Claims; Preferences - Sec. 9. (a) All claims shall be classified in one...

29-1-14-10. Allowance; Disallowance; Expenses of Administration - Sec. 10. (a) On or before three (3) months and...

29-1-14-11. Inquiry Into Correctness; Liability on Bond - Sec. 11. Before allowing or paying claims against the estate...

29-1-14-12. Trial; Pleading; Dismissal - Sec. 12. (a) When any claim is transferred for trial,...

29-1-14-13. Trial of Claims; Judgment; Set-Off or Counterclaim - Sec. 13. The trial of a claim under this chapter...

29-1-14-14. Petitions; Defend Claims; Objections to Payment - Sec. 14. (a) In all cases when a claim is...

29-1-14-15. Execution; Final Process; Payment; Mortgages, Pledges, or Liens; Enforcement - Sec. 15. No execution or other final process shall be...

29-1-14-16. Liens and Mortgages, Enforcement; Sale of Real Estate; Exception - Sec. 16. Unless an earlier date is authorized by the...

29-1-14-17. Personal Representative Claims - Sec. 17. (a) Whenever a claim in favor of a...

29-1-14-18. Compromise of Claims - Sec. 18. The personal representative may, if it appears for...

29-1-14-19. Payment of Claims; Bond or Security of Creditor; Report of Insolvency - Sec. 19. (a) The personal representative at any time shall...

29-1-14-20. Mortgage; Pledge; Lien; Payment; Renewal; Extension - Sec. 20. When any assets of the estate are encumbered...

29-1-14-21. Adverse Claims; Notice; Trial - Sec. 21. When any person claims any interest in any...

Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property

29-1-15-1. Priorities; Wills; Orders of Court - Sec. 1. In determining what property of the estate shall...

29-1-15-2. Powers Under Will; Optional Procedure - Sec. 2. When the personal representative, under the terms of...

29-1-15-3. Payment of Claims, Expenses, and Taxes; Distribution of Estate - Sec. 3. Subject to the provisions of IC 29-1-7-15.1 concerning...

29-1-15-4. Order Not Granted; Bond Given by Interested Person - Sec. 4. An order authorizing a personal representative to sell,...

29-1-15-5. Credit Sales - Sec. 5. In all sales of real or personal property,...

29-1-15-6. Purchasers, Mortgagees, Pledgees, or Lienors; Allowance of Claims - Sec. 6. At any sale of real or personal property...

29-1-15-7. Collateral Attack; Irregularity in Proceedings - Sec. 7. No proceedings for sale, mortgage, lease, exchange or...

29-1-15-8. Petition; Stock; Bonds; Securities - Sec. 8. A personal representative may sell, mortgage or lease...

29-1-15-9. Perishable Properties; Family Allowance; Title to Property; Approval - Sec. 9. Perishable property and other personal property which will...

29-1-15-10. Unit Sales, Mortgages, or Leases - Sec. 10. Whenever it is for the best interests of...

29-1-15-11. Petition; Sale, Mortgage, or Lease of Real Property; Order of Court - Sec. 11. (a) This section is subject to the provisions...

29-1-15-12. Conflicting Titles; Process and Notice - Sec. 12. Upon any petition to sell or mortgage real...

29-1-15-13. Court Order; Description of Property; Sequence of Parcels; Private Sale, Public Auction; Terms - Sec. 13. The order shall describe the property to be...

29-1-15-14. Fair Market Value; Appraisal; Reappraisal - Sec. 14. The value of the property for the purposes...

29-1-15-15. Real Property Sales; Notice - Sec. 15. In all sales of real property the sale...

29-1-15-16. Repealed - Formerly: Acts 1953, c.112, s.1516. As amended by Acts 1982,...

29-1-15-16.5. Acquisition of Beneficial Interest in Real Property of Estate by Personal Representative - Sec. 16.5. (a) This section applies to a supervised or...

29-1-15-17. Execution of Conveyance or Lease; Certified Copy of Order; Power Given Under Will - Sec. 17. Whenever a personal representative executes a deed, mortgage,...

29-1-15-18. Forms for Conveyances - Sec. 18. (a) Whenever a personal representative shall be ordered...

29-1-15-19. Irregularity or Defect in Proceedings; Guardians; Good Faith Purchasers - Sec. 19. (a) No sale of any real estate made...

29-1-15-20. Lien of State for Inheritance or Estate Taxes - Sec. 20. The lien of the state for inheritance or...

29-1-15-21. Fees and Expenses - Sec. 21. In connection with the sale, mortgage, lease or...

29-1-15-22. Platting Real Property - Sec. 22. When it is for the best interests of...

29-1-15-23. Exchange of Property; Terms and Conditions - Sec. 23. Whenever it shall appear upon the petition of...

Chapter 16. Accounting

29-1-16-0.1. Application of Certain Amendments to Chapter - Sec. 0.1. The following amendments to this chapter apply as...

29-1-16-1. Personal Liability, Loss to Estate - Sec. 1. (a) Every personal representative shall be liable for...

29-1-16-2. Closing Estate; Final Account - Sec. 2. Every personal representative shall close the estate as...

29-1-16-3. Verified Account; Filing; Time - Sec. 3. Every personal representative may file in the court...

29-1-16-4. Schedules; Verification; Certified Public Accountant - Sec. 4. Accounts rendered to the court by a personal...

29-1-16-5. Petition to Settle and Allow; Petition to Distribute - Sec. 5. At the time of filing of an account...

29-1-16-6. Hearing and Notice; Final Distribution; Unknown Heirs; Intermediate Account - Sec. 6. (a) Upon the filing of any account in...

29-1-16-7. Objections; Modification - Sec. 7. As stated in section 6 of this chapter,...

29-1-16-8. Approval or Disapproval; Appeals; Relief From Liability - Sec. 8. Upon the approval of the account of a...

29-1-16-9. Death or Incompetency of Personal Representative; Out-of-State Residency - Sec. 9. (a) If the personal representative dies or becomes...

29-1-16-10. Noncompliance With Orders; Attachment; Imprisonment - Sec. 10. Any person who has been ordered to account...

Chapter 17. Distribution and Discharge

29-1-17-1. Order of Court; Perishable Property; Depreciable Property; Storage or Preservation; Income and Profits - Sec. 1. (a) At any time during the administration, upon...

29-1-17-2. Final Accounts; Decree of Final Distribution - Sec. 2. (a) After the expiration of the time limit...

29-1-17-3. Abatement of Distributee Shares - Sec. 3. (a) Except as provided in subsection (b) hereof,...

29-1-17-4. Abatement of Distributee Shares; Contribution by Legatees and Devisees - Sec. 4. When real or personal property which has been...

29-1-17-5. Advancements - Sec. 5. All questions of advancements made, or alleged to...

29-1-17-6. Indebtedness of Distributee; Offset - Sec. 6. When a distributee of an estate is indebted...

29-1-17-7. Income Received During Administration - Sec. 7. Unless the decedent's will provides otherwise, all income...

29-1-17-8. General Legacies; Interest - Sec. 8. General legacies shall not bear interest, unless a...

29-1-17-9. Specific Devise; Liens - Sec. 9. (a) As used in this section, "lien" refers...

29-1-17-10. Distribution in Kind; Partition Sale; Election of Distributee; Annuity; Good Faith Purchasers or Lenders - Sec. 10. (a) When the estate is otherwise ready to...

29-1-17-11. Undivided Interests; Distribution, Partition - Sec. 11. (a) When two (2) or more distributees are...

29-1-17-12. Unclaimed Estate Assets; Disposition Procedures; Escheat; Time Limit; Exceptions - Sec. 12. (a) If after reasonable search, satisfactory to the...

29-1-17-13. Supplemental Reports; Discharge; Limitation of Actions - Sec. 13. Upon the filing of a supplemental report of...

29-1-17-13.5. Distribution of Assets From Certain Solvent Supervised Estates - Sec. 13.5. (a) This section applies to a solvent supervised...

29-1-17-14. Petition to Reopen Estate; Distribution of Assets Not Fully Administered in Lieu of Reopening the Estate - Sec. 14. (a) If, after an estate has been settled...

29-1-17-15. Repealed - Formerly: Acts 1953, c.112, s.1715. As amended by Acts 1971,...

29-1-17-15.1. Petition to Determine Heirs of Estate; Contents; Notice; Hearing; Decree - Sec. 15.1. (a) Whenever any person has died leaving property...

29-1-17-16. Rules of Equity; Relief Not Limited - Sec. 16. The limitations provided for in IC 29-1-1-21 and...

Chapter 18. Repealed - Repealed by P.L.169-1988, SEC.8.

Chapter 19. Department of Veterans Affairs

29-1-19-1. Definitions - Sec. 1. As used in this chapter: "Person" means an...

29-1-19-2. Party in Interest; Notice of Hearing - Sec. 2. The Secretary shall be a party in interest...

29-1-19-3. Appointment of Guardian - Sec. 3. Whenever, pursuant to any law of the United...

29-1-19-4. Repealed - Formerly: Acts 1953, c.112, s.2004. Repealed by Acts 1971, P.L.412,...

29-1-19-5. Petition for Appointment - Sec. 5. (a) A petition for the appointment of a...

29-1-19-6. Appointment of Guardian; Condition Precedent to Payment of Veterans' Benefits; Minor Ward - Sec. 6. Where a petition is filed for the appointment...

29-1-19-7. Appointment of Guardian; Condition Precedent to Payment of Veterans' Benefits; Incapacitated Person - Sec. 7. Where a petition is filed for the appointment...

29-1-19-8. Filing Petitions; Notice - Sec. 8. Upon the filing of a petition for the...

29-1-19-9. Bond of Guardian - Sec. 9. (a) Upon appointment, a guardian shall execute and...

29-1-19-10. Accounting by Guardian; Notice; Hearing - Sec. 10. (a) Every guardian who has received or shall...

29-1-19-11. Removal of Guardian - Sec. 11. If any guardian shall fail to file with...

29-1-19-12. Compensation of Guardian; Liquidation of Loans or Investments - Sec. 12. (a) Compensation payable to guardians shall: (1) be...

29-1-19-13. Investment of Funds - Sec. 13. Every guardian shall invest the surplus funds of...

29-1-19-14. Support; Maintenance; Education - Sec. 14. (a) A guardian shall not apply any portion...

29-1-19-15. Real Estate Acquisition - Sec. 15. (a) The court may authorize the purchase of...

29-1-19-16. Copies of Records; Determining Eligibility - Sec. 16. When a copy of any public record is...

29-1-19-17. Discharge of Guardian - Sec. 17. In addition to any other provisions of law...

29-1-19-18. Application of Certain Provisions of Chapter - Sec. 18. The provisions of this chapter relating to surety...

Chapter 20. Verification and Oaths

29-1-20-1. Affirmation or Representation; Form - Sec. 1. (a) Wherever in this article it is provided...

Chapter 21. Electronic Wills

29-1-21-1. Purpose of Chapter; Presumptions - Sec. 1. The purpose of this chapter is to provide...

29-1-21-2. Exclusive Authority; Application of Other Statutes - Sec. 2. (a) Except as provided in subsection (b), electronic...

29-1-21-3. Definitions - Sec. 3. The following terms are defined for this chapter:...

29-1-21-4. Attestation; Electronic Signature; Self-Proving Clause; Affidavit of Compliance - Sec. 4. (a) To be valid as a will under...

29-1-21-4.1. Certain Wills Executed in Reliance on Supreme Court Order - Sec. 4.1. (a) This section applies to a will or...

29-1-21-5. Recordings; Photographs; Admissibility - Sec. 5. Subject to the applicable Indiana Rules of Evidence...

29-1-21-6. "Form Vendor"; Instructions to Signatory - Sec. 6. (a) As used in this section, "form vendor"...

29-1-21-7. Execution of Electronic Will - Sec. 7. An electronic will is legally executed if the...

29-1-21-8. Revocation of Electronic Will - Sec. 8. (a) This section describes the exclusive methods for...

29-1-21-9. Use of Converted Copy; Affidavit - Sec. 9. (a) If: (1) a person discovers an accurate...

29-1-21-10. Maintenance, Receipt, and Transfer of Electronic Will - Sec. 10. (a) Any person with the written authorization of...

29-1-21-11. Delivery of Electronic Will; Recipients; Methods of Delivery - Sec. 11. (a) After a testator's death becomes known to...

29-1-21-12. "Destroy"; Destruction of Electronic Will - Sec. 12. (a) As used in this section, "destroy" means...

29-1-21-13. Affidavit of Regularity - Sec. 13. A custodian or other person required or permitted...

29-1-21-14. Prima Facie Evidence of Validity - Sec. 14. (a) Regardless of the number of custodians or...

29-1-21-15. "Electronic Will Copy"; Deposit of Electronic Will - Sec. 15. (a) As used in this section, "electronic will...

29-1-21-16. "Filing of an Electronic Will" - Sec. 16. (a) As used in this section and for...

29-1-21-17. "Other Electronic Will"; "Rejected Will"; Probate of Other Electronic Will or Rejected Will - Sec. 17. (a) This section shall apply to the situation...

29-1-21-18. "Digital Asset"; "Electronic Communication"; "Custodian"; "Users"; "Transaction" - Sec. 18. (a) For purposes of IC 29-3, IC 30-5,...

Chapter 22. Electronic Estate Planning Documents Registry

29-1-22-1. Definitions - Sec. 1. The following terms are defined for this chapter:...

29-1-22-2. Establishment and Administration of Registry - Sec. 2. (a) The Indiana supreme court and the office...

Article 2. Miscellaneous Provisions

Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills

29-2-1-1. Definitions - Sec. 1. The following terms are defined for this chapter:...

29-2-1-2. Indebtedness to Non-Resident Decedent; Payments to Domiciliary Foreign Personal Representative - Sec. 2. At any time after the expiration of forty-five...

29-2-1-3. Payments to Domiciliary Foreign Personal Representative; Release of Debtor - Sec. 3. Payment or delivery made in good faith on...

29-2-1-4. Payments to Domiciliary Foreign Personal Representative; Notice by Resident Creditor to Debtor as Bar - Sec. 4. Payment of delivery under section 2 of this...

29-2-1-5. Domiciliary Foreign Personal Representative; Filing Copies of Appointment and Bond - Sec. 5. If no local administration or application or petition...

29-2-1-6. Domiciliary Foreign Personal Representative; Powers - Sec. 6. A domiciliary foreign personal representative who has complied...

29-2-1-7. Domiciliary Foreign Personal Representative; Limitation of Powers by Local Personal Representative - Sec. 7. The powers of a domiciliary foreign personal representative...

29-2-1-8. Non-Resident Decedents; Proceedings; Application of Law - Sec. 8. In respect to a non-resident decedent, the provisions...

29-2-1-9. Foreign Personal Representative; Submission to Jurisdiction of State Court - Sec. 9. A foreign personal representative submits himself to the...

29-2-1-10. Foreign Personal Representative; Subjection to Decedent Jurisdiction - Sec. 10. In addition to jurisdiction conferred by section 9...

29-2-1-11. Service of Process on Foreign Personal Representative - Sec. 11. (a) Service of process may be made upon...

29-2-1-12. Adjudications Binding on Personal Representative - Sec. 12. An adjudication rendered in any jurisdiction in favor...

Chapter 2. Probate Commissioners

29-2-2-1. Appointment; Salary - Sec. 1. (a) In all counties of this state containing...

29-2-2-2. Oath of Office; Fees and Compensation - Sec. 2. Said commissioner shall take and subscribe an oath...

29-2-2-3. Oaths; Acknowledgments; Removal From Office - Sec. 3. Said commissioner shall have power to administer oaths,...

29-2-2-4. Duties Defined; Records - Sec. 4. At the time of the appointment of said...

29-2-2-5. Rules for Protection of Trusts; Speedy Transaction of Probate Business - Sec. 5. Such court shall have power to make and...

29-2-2-6. Dispensing With Services; Salary - Sec. 6. At any time after the appointment of such...

Chapter 3. Repealed - Repealed by Acts 1982, P.L.1, SEC.71.

Chapter 4. Duties of Probate Commissioner in Counties With Populations From 30,000 to 150,000

29-2-4-1. Report of Findings; Compensation - Sec. 1. In all counties of this state, having a...

Chapter 5. Administration of Estate of Intestate Absentee

29-2-5-1. Five Years Absence; Presumption of Death - Sec. 1. (a) When any resident of Indiana is absent...

29-2-5-2. Discharge of Administrator; Return of Absentee - Sec. 2. Such administrator shall not be discharged on the...

29-2-5-3. Repealed - Formerly: Acts 1859, c.4, s.3. Repealed by Acts 1975, P.L.289,...

29-2-5-4. Guardians; Appointment - Sec. 4. Such court shall have power to appoint guardians...

29-2-5-5. Distribution of Estates; Bond; Trustee - Sec. 5. (a) The property of such departed person, real...

Chapter 6. Administration of Absentee's Estate Where There Is a Will or Trust

29-2-6-1. Distribution of Estates; Bond; Trustee Appointed - Sec. 1. When any resident of this state shall have...

Chapter 7. Repealed - Repealed by P.L.263-1989, SEC.3.

Chapter 8. Conservatorship of Estate of Missing Serviceman or Seaman

29-2-8-1. Guardians; Appointment; Revocation - Sec. 1. Whenever a person (referred to as an absentee)...

29-2-8-2. Guardian Bond; Powers; Removal and Substitution - Sec. 2. The court shall have full discretionary authority to...

29-2-8-3. Termination of Guardianship; Executor or Administrator - Sec. 3. Upon petition signed by the absentee, or on...

Chapter 9. Repealed - Repealed by P.L.10-2019, SEC.118.

Chapter 10. Repealed - Repealed by Acts 1973, P.L.290, SEC.16.

Chapter 11. Waiver by Judge of Period Costs in Certain Cases

29-2-11-1. Estates; Guardianship; Assignments; Trusteeship; Surviving Partnership - Sec. 1. The courts of this state having jurisdiction of...

Chapter 12. Apportionment of Federal Estate Taxes

29-2-12-0.1. Application of Certain Amendments to Chapter - Sec. 0.1. The following amendments to this chapter apply as...

29-2-12-1. Purpose - Sec. 1. The purpose of this chapter is to provide...

29-2-12-1.5. "Will" Defined - Sec. 1.5. As used in this chapter, "will" includes a...

29-2-12-2. Heirs and Beneficiaries; Charitable or Marital Deduction or Exemption - Sec. 2. Unless a decedent shall otherwise direct by will,...

29-2-12-3. Payment; Recovery - Sec. 3. The personal representative of decedent's estate or the...

29-2-12-4. Method of Apportionment - Sec. 4. The portion of the federal estate tax to...

29-2-12-5. Liens - Sec. 5. That portion of said federal estate tax apportioned...

29-2-12-6. Deduction of Amounts; Action for Recovery - Sec. 6. The personal representative of decedent's estate shall, prior...

29-2-12-7. Will Providing for Payment - Sec. 7. (a) This chapter shall not be applicable to...

Chapter 13. Repealed - Repealed by P.L.4-1988, SEC.18.

Chapter 14. Uniform Simultaneous Death Act

29-2-14-1. Disposition of Property; Insufficient Evidence of Survivorship - Sec. 1. Where the title to property or the devolution...

29-2-14-2. Beneficiaries Taking Successively Under Another's Disposition of Property - Sec. 2. Where two (2) or more beneficiaries are designated...

29-2-14-3. Joint Tenants; Tenants by Entirety - Sec. 3. Where there is no sufficient evidence that two...

29-2-14-4. Life or Accident Insurance - Sec. 4. Where the insured and the beneficiary in a...

29-2-14-5. Prior Death - Sec. 5. This chapter shall not apply to the distribution...

29-2-14-6. Wills, Living Trusts; Deeds; Insurance - Sec. 6. This chapter shall not apply in the case...

29-2-14-7. Uniformity of Interpretation - Sec. 7. This chapter shall be so construed and interpreted...

29-2-14-8. Short Title - Sec. 8. This chapter may be cited as the Uniform...

Chapter 15. Repealed - Repealed by Acts 1972, P.L.11, SEC.14.

Chapter 16. Repealed - Repealed by P.L.147-2007, SEC.21.

Chapter 16.1. Revised Uniform Anatomical Gift Act

29-2-16.1-1. Definitions - Sec. 1. The following definitions apply throughout this chapter: (1)...

29-2-16.1-2. Chapter Application - Sec. 2. This chapter applies to: (1) an anatomical gift;...

29-2-16.1-3. Persons Who May Make Anatomical Gifts During the Lifetime of a Donor - Sec. 3. Subject to section 7 of this chapter, an...

29-2-16.1-4. Methods of Making Anatomical Gifts - Sec. 4. (a) A donor may make an anatomical gift:...

29-2-16.1-5. Amendment or Revocation of Anatomical Gifts - Sec. 5. (a) Subject to section 7 of this chapter,...

29-2-16.1-6. Refusal of Anatomical Gifts - Sec. 6. (a) An individual may refuse to make an...

29-2-16.1-7. Persons Prohibited From Making, Amending, or Revoking an Anatomical Gift; Donor Revocation of an Anatomical Gift; Unemancipated Minors - Sec. 7. (a) Except as otherwise provided in subsection (g)...

29-2-16.1-8. Priority of Persons Authorized to Make an Anatomical Gift of a Decedent's Body or Part - Sec. 8. (a) Subject to subsections (b) and (c), unless...

29-2-16.1-9. Anatomical Gift Documents; Amendments; Revocations - Sec. 9. (a) A person authorized to make an anatomical...

29-2-16.1-10. Anatomical Gift Recipients; Unnamed Recipients; Anatomical Gift Uses; Rules; Delivery of Anatomical Gift Documents; Amendment; Revocation - Sec. 10. (a) An anatomical gift may be made to...

29-2-16.1-11. Searches for Documents of Gift or Refusal - Sec. 11. (a) The following persons shall make a reasonable...

29-2-16.1-12. Petitions to Determine Anatomical Gift or Revocation of Anatomical Gift - Sec. 12. (a) The individual's attending physician, or, if none,...

29-2-16.1-13. Organ or Tissue Donor Queries for Hospital Patients - Sec. 13. (a) As used in this section: (1) "Administrator"...

29-2-16.1-14. Documents of Gift - Sec. 14. (a) A document of gift need not be...

29-2-16.1-15. Hospital Referrals to Procurement Organizations; Record Searches; Examination of Medical Suitability; Rights of Person to Whom a Part Passes - Sec. 15. (a) When a hospital refers an individual at...

29-2-16.1-16. Hospital Agreements With Procurement Organizations - Sec. 16. Each hospital in Indiana shall enter into agreements...

29-2-16.1-17. Liability; Immunity - Sec. 17. (a) A person who acts in accordance with...

29-2-16.1-18. Validity of a Document of Gift - Sec. 18. (a) A document of gift is valid if...

29-2-16.1-19. Bmv, Pla, and Dnr Cooperation With Donor Registries; Requirements of Registry; Personally Identifiable Information - Sec. 19. (a) The bureau of motor vehicles, the professional...

29-2-16.1-20. Declarations and Advance Health Care Directives; Procurement Organizations - Sec. 20. (a) As used in this section: (1) "Advance...

29-2-16.1-21. Coroner Cooperation With Procurement Organizations; Postmortem Examinations; Removal of a Part of Organ From a Decedent - Sec. 21. (a) A coroner shall cooperate with procurement organizations...

Chapter 17. Repealed - Repealed by P.L.149-1991, SEC.6.

Chapter 18. Platting of Certain Property

29-2-18-1. Platting; Town Lots - Sec. 1. Whenever any lands are ordered by any court...

29-2-18-2. Land Not for Sale - Sec. 2. Whenever it shall be manifestly to the interest...

Chapter 19. Funeral Planning Declaration

29-2-19-1. "Declarant" - Sec. 1. As used in this chapter, "declarant" means an...

29-2-19-2. "Declaration" - Sec. 2. As used in this chapter, "declaration" means a...

29-2-19-3. "Designee" - Sec. 3. As used in this chapter, "designee" means an...

29-2-19-4. "Disposition" - Sec. 4. As used in this chapter, "disposition" has the...

29-2-19-5. "Funeral Services" - Sec. 5. As used in this chapter, "funeral services" has...

29-2-19-6. "Grave Memorial" - Sec. 6. As used in this chapter, "grave memorial" has...

29-2-19-7. "Merchandise" - Sec. 7. As used in this chapter, "merchandise" refers to...

29-2-19-8. Funeral Planning Declaration; Requirements - Sec. 8. (a) A person who is of sound mind...

29-2-19-9. Funeral Planning Declaration; Declarant's Preferences - Sec. 9. A declaration may specify the declarant's preferences concerning...

29-2-19-10. Conflict Resolution - Sec. 10. The provisions of a declarant's most recent declaration...

29-2-19-11. Immunity for Good Faith Reliance - Sec. 11. (a) A person who acts in good faith...

29-2-19-12. Funeral Planning Declaration; Form Required; Additional Directions Permitted - Sec. 12. A declaration must be substantially in the form...

29-2-19-13. Form of Funeral Planning Declaration - Sec. 13. The following is the funeral planning declaration form:...

29-2-19-14. Revocation - Sec. 14. A declaration may be revoked by the declarant...

29-2-19-15. Effect of Dissolution, Annulment, or Separation - Sec. 15. Except as otherwise expressly provided in a declaration,...

29-2-19-16. Law Governing a Designee Who Is Unable or Unwilling to Serve - Sec. 16. Except as otherwise provided in a declaration, section...

29-2-19-17. Priority Among Individuals as to Right to Control Disposition of Decedent's Body and Make Other Arrangements - Sec. 17. The right to control the disposition of a...

29-2-19-18. Reliance on Out-of-State Declarations - Sec. 18. A person in Indiana may rely on a...

29-2-19-19. Actions to Contest the Validity of a Funeral Planning Declaration - Sec. 19. An action to contest the validity of any...

Article 3. Guardianships and Protective Proceedings

Chapter 1. Definitions

29-3-1-1. Application of Definitions - Sec. 1. The definitions in this chapter apply throughout and...

29-3-1-1.6. "Catalogue of Electronic Communications" - Sec. 1.6. "Catalogue of electronic communications" has the meaning set...

29-3-1-2. "Claim" - Sec. 2. "Claim" means, with respect to an incapacitated person...

29-3-1-2.5. "Conduct a Criminal History Check" - Sec. 2.5. "Conduct a criminal history check" means to: (1)...

29-3-1-2.7. "Content of an Electronic Communication" - Sec. 2.7. "Content of an electronic communication" has the meaning...

29-3-1-3. "Court" - Sec. 3. "Court" means the court having probate jurisdiction and,...

29-3-1-3.5. "De Facto Custodian" - Sec. 3.5. "De facto custodian" has the meaning set forth...

29-3-1-4. Repealed - As added by P.L.169-1988, SEC.1. Repealed by P.L.264-1989, SEC.14.

29-3-1-4.1. "Digital Asset" - Sec. 4.1. "Digital asset" has the meaning set forth in...

29-3-1-5. "Durable Power of Attorney" - Sec. 5. "Durable power of attorney" means a power of...

29-3-1-6. "Guardian" - Sec. 6. "Guardian" means a person who is a fiduciary...

29-3-1-7. "Guardianship Property" - Sec. 7. "Guardianship property" means the property of an incapacitated...

29-3-1-7.5. "Incapacitated Person" - Sec. 7.5. "Incapacitated person" means an individual who: (1) cannot...

29-3-1-7.8. "Less Restrictive Alternatives" - Sec. 7.8. (a) "Less restrictive alternatives" means an approach to...

29-3-1-8. Repealed - As added by P.L.169-1988, SEC.1. Repealed by P.L.264-1989, SEC.14.

29-3-1-9. "Letters" - Sec. 9. "Letters" means letters of guardianship. As added by...

29-3-1-10. "Minor" - Sec. 10. "Minor" means an individual who is less than...

29-3-1-11. "Parent" - Sec. 11. "Parent" means a biological or adoptive parent. The...

29-3-1-12. "Person" - Sec. 12. "Person" means an individual, an organization, an association,...

29-3-1-13. "Protected Person" - Sec. 13. "Protected person" means an individual for whom a...

29-3-1-14. "Protective Proceeding" - Sec. 14. "Protective proceeding" means a proceeding for a protective...

29-3-1-15. "Support" - Sec. 15. "Support" means care, maintenance, and education or training,...

29-3-1-15.5. "Volunteer Advocate for Seniors and Incapacitated Adults" - Sec. 15.5. "Volunteer advocate for seniors and incapacitated adults" means...

29-3-1-16. Repealed - As added by P.L.41-2004, SEC.1. Amended by P.L.72-2010, SEC.2. Repealed...

29-3-1-17. "Volunteer Advocates for Seniors and Incapacitated Adults Program" - Sec. 17. "Volunteer advocates for seniors and incapacitated adults program"...

29-3-1-18. Repealed - As added by P.L.72-2010, SEC.4. Repealed by P.L.4-2020, SEC.4.

Chapter 2. General Provisions

29-3-2-0.1. Application of Certain Amendments to Chapter - Sec. 0.1. The following amendments to this chapter apply as...

29-3-2-0.2. Application of Article; Effect of Amendments to Certain Other Statutes - Sec. 0.2. (a) As used in this section, "affected statutes"...

29-3-2-1. Application of Article; Jurisdiction of Courts - Sec. 1. (a) This article applies to the following: (1)...

29-3-2-2. Venue for Appointment of Guardian; Stay of Proceedings; Transfer of Proceedings - Sec. 2. (a) The venue for the appointment of a...

29-3-2-3. Guardian Ad Litem; Appointment - Sec. 3. (a) Unless waived under subsection (b) or if...

29-3-2-4. Discretion of Court; Binding Orders - Sec. 4. (a) All findings, orders, or other proceedings under...

29-3-2-5. Residence; Determination - Sec. 5. The residence of a person shall be determined...

29-3-2-6. Application of Decedents' Estates Law to Guardianships and Protected Persons - Sec. 6. (a) The applicable rules regarding decedents' estates in...

29-3-2-7. Submissions to the Court; Court Requests for Information - Sec. 7. (a) If a person files a petition to...

Chapter 3. Proceedings in Lieu of Guardianships

29-3-3-1. Payment of Debt Owed to Minor; Delivery of Minor's Property in Possession of Another; Use of Payment or Property - Sec. 1. (a) Any person indebted to a minor or...

29-3-3-2. Property of Incapacitated Person Not in Excess of $10,000; Deposit, Delivery, and Disposition of Property; Compensation and Expenses of Receiver - Sec. 2. When the entire property of an incapacitated person...

29-3-3-3. Custody of Minor by Parents; Consents, Waivers, and Powers of Attorney Provided by Statute or Internal Revenue Code; Consent to Medical Treatment - Sec. 3. Except as otherwise determined in a dissolution of...

29-3-3-3.5. Custodians of Individual Retirement Accounts - Sec. 3.5. (a) Except as otherwise determined in a dissolution...

29-3-3-4. Temporary Guardians; Notice; Hearing; Suspension of Guardian; Powers and Responsibilities - Sec. 4. (a) If: (1) a guardian has not been...

29-3-3-5. Application for Public Assistance or Transfer; Authority of Chief of Social Services at State Institution - Sec. 5. The chief of social services (or a person...

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Indiana Code Title 29. Probate

Indiana Code
Title 29. Probate